LAWS(JHAR)-2009-9-77

NIRMALA KUNWAR Vs. STATE OF BIHAR

Decided On September 16, 2009
Nirmala Kunwar Appellant
V/S
State Of Bihar with Respondents

JUDGEMENT

(1.) HEARD the parties.

(2.) AFTER the matter has been remanded by the Division Bench, these three writ petitions have been placed for 'Admission' for fresh consideration. The earlier order dated 14.10.1999 disposing of the three writ petitions in terms of the order passed in C.W.J.C. No. 82 of 1999(R) has been set aside by the Division Bench.

(3.) SEVERAL writ petitions were filed by the different writ petitioners challenging the same very order dated 14.11.1998 passed by the Director, Secondary Education. As it appears that the first writ petition was fiied by Krishna Kumar Tiwari being C.W.J.C. No. 82 of 1999(R) at Ranchi Bench of Patna High Court. The said Writ Petition was allowed by order dated 23.8.1999 holding that pursuant to the advertisement made in January, 1990 the name of the writ petitioner was forwarded by the Employment Exchange after his name was selected for interview and the Additional Director of Education, Ranchi was competent to make appointment and therefore, the ground for termination from service of the petitioner as mentioned in the order dated 14.11.1998 was non est. Accordingly, the same was set aside and the writ petitioner Krishna Kumar Tiwari was directed to be reinstated to the post of Clerk with back wages. This order passed in C.W.J.C. No. 82 of 1999(R) was diallenged by the State by filing Letter Patent Appeal No. 469 of 1999(R) but the same was dismissed by the Division Bench by order dated 2.3.2000. The State, thereafter, preferred Special Leave Petition before the Supreme Court which was also dismissed by order dated 19.1.2000. Therefore, it appears that the order of the Single Bench passed in C.W.J.C. No. 82 of 1999(R) was affirmed by the Division Bench in L.P.A as well as by the Supreme Court in Special Leave Petition.